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Garden Club of Ga. v. Shackelford

The DOT's rules allowing for the trimming of trees and vegetation on highway rights-of-way to permit the viewing of outdoor advertising signs on private property violated the Georgia Constitution's prohibition against the granting of gratuities.

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The issue in this appeal is whether the statute and regulations providing for the removal of public property to permit the viewing of outdoor advertising signs on private property violates the gratuities clause of the Georgia Constitution. Although we conclude that the statute is constitutional, we again invalidate the DOT regulations as an unconstitutional gratuity because they require private individuals to pay only a nominal fee for the removal of property on the public rights-of-way.1 Therefore, we reverse.

In Garden Club of Georgia v. Shackelford,2 this Court invalidated the Department of Transportation’s rules allowing the trimming of trees and vegetation on the highway rights-of-way. In response, the Georgia General Assembly enacted new statutory provisions, OCGA § 32-6-75.1 to 32-6-75.3, and the DOT promulgated new rules. The Garden Club of Georgia challenged the statute and rules in a suit against the DOT and its commissioner, Wayne Shackelford, and in a previous appeal this Court affirmed the trial court’s decision enjoining the DOT from issuing tree-cutting permits until a final hearing.3 Following a non-jury trial, the trial court adopted and entered an order prepared by the DOT, declaring the statute and rules constitutional and dissolving the interlocutory injunction. The Garden Club appeals.

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